Abu Dhabi Appeal rejects an urgent lawsuit in a housing dispute
The Abu Dhabi Court of Appeal upheld the ruling of the Court of First Instance, which ruled to reject an urgent lawsuit for a property owner that it filed against her partner in the ownership of the property, in which it requested an expert delegate to prove the condition of the property, and whether it needs demolition or maintenance for fear of its collapse, and the court indicated that the request is not urgent in the presence of An imminent danger, and that the rest of her requests are objective and not urgent.
In the details, the plaintiff filed an urgent lawsuit against the defendant, demanding the ruling and in an urgent manner, to delegate an expert to prove the condition of the dwelling and whether it is habitable and in need of maintenance or not, while reserving its requests according to the results of expert work, and addressing the competent authorities about the construction date of the dwelling, Noting that she owns the property with the defendant, and that it has some damages, cracks and falls in its fence and cracks in the main pillars and is afraid of its collapse, especially since there are reports of damage to the house.
Before a court of first instance, the defendant argued that the case was not considered for a previous ruling, that it was not accepted for filing it without having any capacity, and that the interest was absent and the court did not have the specific jurisdiction to look into the case. The ruling made a mistake in applying the law, its interpretation and interpretation.
The Court of Appeal clarified in the merits of its ruling that for the urgent jurisdiction of the judiciary to hear the case, the two conditions of urgency and non-prejudice to the origin of the right are required, and that the case proving the case is urgent or objective and does not settle a litigation, and the judge in it has no jurisdiction to consider the objective challenges.
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